Model jury instructions are important in trials because they give the jury legal guidelines on the case they are deciding. In FELA cases juries hear lots of detailed and complicated evidence relating to worker accidents on the railroad. The jury has to decide if a railroad is liable and, if so, how much money to award a worker who was hurt on the job,

Virginia FELA injury lawyer John Cooper recently gave input into the updating of the state’s model jury instructions,

In November, John Cooper received a letter from Stephen R. McCullough justice of the Supreme Court of Virginia, thanking him for his input into the review process.

John Cooper has litigated railroad worker cases for more than 25 years. He has also represented clients who suffered injuries in grade crossing accidents or lost a loved one in train wrecks.

“The Supreme Court of Virginia regularly amends and updates the jury instructions, called the Virginia Model Jury Instructions. “VMJI are those instructions that the court uses to instruct the jury as to what the law is,” John Cooper said. “Toward the end of every jury trial, the lawyers get together with the judge and decide which instructions should be given to the jury. The jury instruction book contains a section on FELA and it also contains a section about railroad crossing accidents where a car or a pedestrian is hit at a railroad grade crossing.”

John Cooper and other legal professionals provided research and suggestions that were incorporated into the process this year for the updates to those two sections – chapter 18 and chapter 21.

John Cooper, a partner with Norfolk-based Cooper Hurley Injury Lawyers spent days doing research and drawing up a memorandum. He was consulted on specific and existing railroad law to allow the jury instructions to be updated across Virginia. He said employees of the railroad were also invited by the Virginia Supreme Court to give their suggestions on changes and updates as a group finalized the changes under Justice McCullough.

How Does the FELA Railroad Law Work in Virginia?

The Federal Employers Liability Act (FELA) as the name suggests is federal legislation. It was enacted in 1908 at a time when hundreds of railroad workers were suffering injuries with little legal redress.

if the worker can prove that his or her employer, the railroad, was at least partially negligent in causing the injury, a FELA claim can be made. It’s easier for a worker to make a successful claim under FELA than in a typical Virginia injury case. The state has a strict contributory negligence rule which bars a claim if you are to blame in any way for your accident.

FELA is based upon the federal government’s power over interstate commerce, under the commerce clause in the U.S. Constitution.

Unlike workers’ compensation, FELA is not a no-fault system. To receive compensation, the injured worker must show that the injury was wholly or partially caused by the railroad’s negligence. This can be through the actions or inactions of an employee, an agent, a contractor or faulty equipment. As long as the worker is not found to be 100 percent fault for the accident, he can sue for damages in a state or federal court.

Although FELA is not a no-fault system, the payouts under the 1908 legislation are usually much higher than under workers’ compensation. The jury determines the percentage of negligence under the doctrine of “comparative negligence.”

FELA covers more than physical injuries to railroad workers. The family members of the workers can claim for a death under FELA. The act covers claims for occupational illnesses such as repetitive strain injuries or illnesses from exposure to dangerous materials like asbestos.

The International Risk Management Institute states the interpretation of FELA by the courts in recent years has been so favorable to railroad workers it virtually imposes a “strict liability” law related to injuries to railroad workers – like workers’ compensation but with larger payouts.

FELA cases are complex and the big railroad fights them hard. It’s important to hire a seasoned FELA lawyer. If you or a family member suffered an injury on the railroad, please contact our experienced Virginia railroad attorney as soon as possible at 866-455-6657.

Railyards are notoriously dangerous places. Every year, workers get injured or killed at these busy locations where trains change lines or are loaded. The railroad is often held liable for injuries to workers at yards. Its liability extends to transportation to and from the yard as demonstrated in a recent case where an engineer won a $5.5 million verdict against Norfolk Southern.

The railroad was sued over an accident caused by a driver who ran a stop sign. A jury in Columbus, Georgia, awarded a $5.5 million verdict against Norfolk Southern to the locomotive engineer who suffered an injured spine and shoulder in a crash.

The verdict was not against the driver who caused the accident whose insurer settled. It was brought against the locomotive engineer’s employer, Norfolk Southern Railroad, and the company it hired to transport workers.

Because the railroad turned down an offer to settle for $1 million earlier this year, the engineer will seek attorney fees under Georgia’s offer of judgment statute. The legislation says a defendant who rejects a settlement offer and goes on to lose at trial may have to pay attorney fees from the rejected offer date.

The engineer was represented by attorney John Moss, who tried the case with partner John Steel of Steel & Moss. The attorneys sued Norfolk Southern, Professional Transportation Inc., and its driver, Inez Robinson, in Georgia’s Muscogee County State Court in 2017.

The case was brought under the Federal Employer’s Liability Act (FELA) which states railroad workers who are injured through any degree of negligence on the railroad’s behalf can recover money as long as the employee is not to blame. The engineer was a passenger in a van so he was blameless for his injuries. Under the 1908 act, the attorneys only had to prove the van driver was 1 percent at fault for the victim’s injuries.

According to the legal team, Alejandro Matos, the locomotive engineer, was one of three passengers being ferried in a PTI van on 17th Street in Columbus in 2015 when a woman driving a Chevrolet Cobalt tried to stop at a stop sign on a side street but ended up in the intersection.

Latisha Holley, the Cobalt driver, saw the PTI van coming and tried to speed up. Instead, she was T-boned by the van, which did not have a stop sign.

The defense team argued that Holley was the sole cause of the accident. Moss said the van driver saw the car over 3 seconds before the impact and never braked at all.

Matos, who is 52, required numerous surgical procedures including rotator cuff surgery and spinal fusion. He was declared medically unfit to go back to his job as a railroad engineer and lost his livelihood. This $5.5 million verdict against Norfolk Southern demonstrates how FELA protects railroad workers in many aspects of their work.

Every year railroad workers are killed and injured on the job. Railyards are particularly hazardous places. Workers are at risk from trains and heavy vehicles in yards and terminals. The union Railroad Workers United highlighted the death of a 40-year-old Norfolk Southern employee who lost his life driving a fuel truck in Montgomery County, Virginia in Sept. 2019.

In February, a Norfolk Southern (NS) conductor died while switching cars at the Bayview rail yard. In Baltimore. The union stated Keith Leon Gilmore became trapped between a rail car and standing equipment on the next track. The NTSB is investigating this tragic incident. It issued a preliminary report.

In 2018, a CSX contractor lost his life at an intermodal facility in Chicago. He was working a trader spotter moving cargo between a trailer and a train at the CSX yard.

Accident reports pointed out the Norfolk Southern truck over-corrected while the driver attempted to maintain control on the windy road and the truck crossed the center line and struck an oncoming SUV.

How Dangerous Are The Railroads?

More people are dying on America’s railroads, according to the National Safety Council. Railroad deaths reached 841 in 2018, an increase of about 2 percent over the previous year. However, railroad workers only make up a small percentage of that tally. According to the figures, 17 railroad employees died that year. The railroads claimed the lives of 540 trespassers.

However, workers make up almost half of all injuries on the railroads. The figures show 3,884 railroad employees ended up hurt last year out of 8,136 total injuries.

Railroad workers are exposed to many harmful chemicals in their work on the tracks. A jury recently awarded $7.5 million to a man from Edwardsville in Illinois who developed leukemia after handling creosote soaked railroad ties for Chicago & North Western Railway.

James Brown worked on the railroad for more than three decades. He was diagnosed with acute myeloid leukemia and claimed the diagnosis was caused by the failure of his employer to provide protective equipment.

Brown’s attorney, David Damick filed a suit six years ago against Union Pacific Railroad, for whom Brown worked for 13 years. He alleged most of the exposure and alleged negligence occurred during the 18 years that Brown worked for Union Pacific’s predecessor, Chicago & North Western Railway, stated a report in the Intelligencer.

Damick said his client was repeatedly exposure to harmful creosote over a period of 18 years.

He argued the railroad knew about the dangers of creosote decades ago but failed to act. In 1986, the railroad received a notice from the U.S. Environmental Protection Agency about the dangers of creosote and benzene exposure.

CNW knew about the dangers of creosote and benzene exposure as early as 1986 when they received a notice from the U.S. Environmental Protection Agency. It instructed the railroad to comply with certain safety measures.

Railroad worker was exposed to creosote

The jury heard the railroad failed to comply with the notice. It did not provide employees with gloves, respirators, goggles, or other protective equipment.

Brown started his work as laborer for CNW in 1976. He frequently loaded and unloaded creosote-soaked railroad ties.

The Dangers of Creosote

Brown often returned home after work covered from head to toe in wet creosote, he testified.

He was diagnosed with myelodysplastic syndrome, or MDS in 2008. The disease subsequently developed into acute myeloid leukemia, or AML.

During the trial, several medical experts testified that even the smallest exposure to creosote, benzene and carbolineum can cause AML.

The defense claimed that the railroad worker’s exposure to those toxins was in insufficient amounts to cause AML.

The railroads fight cases like this hard. Mr. Brown’s was no exception. Attorneys for Union Pacific questioned the science linking creosote exposure to cancer. They tried to exonerate the giant railroad company on the grounds Brown was employed by CNW when the exposure occurred.

However, the jury in Madison County came close to awarding Brown the $8 million he was requesting when it agreed to a $7.5 million verdict.

Many railroad workers are exposed to harmful chemicals and substances in their line of work. If you are harmed on the railroad or injured, please call me at (866) 455-6657.

As a railroad worker injury lawyer, I’ve helped engineers, conductors and other crew members who suffered very serious injuries. We read a lot about derailments, explosions or chemical spills. However, poor seating causes many injuries on the railroad.

The problem is not new. Back in 1998, a Federal Railroad Administration study made a clear link between poor seating and injuries. The investigators noted the issue is well documented.

A disconnect between the seating and the requirements of engineers to operate equipment exacerbates the problem.

Poor seating may not sound as serious as derailments, moving parts or other hazards that can cause very serious injuries and deaths on the railroad.

But workers are constantly on their seats. The vibrations can impact their backs and cause very serious injuries over a period of time.

Poor Seating Issues on Trains Go Back Decades

We should not be surprised about why seating is so bad on trains. In 2003, a report by the American Society of Mechanical Engineers said executives focused on the “bottom line” make decisions on the railroads. Crews have little say.

There appeared to be little incentive for the railroads to tackle the level of vibration workers face on poor seating.

Studies have repeatedly pointed to the pain suffered by railroad employees who are forced to sit on these inadequate seats.

The Association of American Railroads’, Locomotive Cab Seat Evaluation in 1980 looked at the seating on trains on every major railroad in the country.

It found 40 percent of employees reported back pain from riding on the trains and almost 25 percent reported neck pain.

Ongoing pain is a warning of future injury. The unwillingness of the railroads to address such a fundamental problem over a span of at least four decades is alarming.

When poor seating leads to back injuries, workers may lose their jobs on the railroads. They may also have ground to sue their employers under the Federal Employers Liability Act (FELA). If you were injured on the railroads, please call us at (866) 455-6657.

If you suffer an injury on the railroad, you should not expect your employer to be supportive. Railroads can be ruthless when workers get injured. In a recent case, an Oklahoma man alleged he was terminated after a railroad injury.

A report in SETexasRecord stated Chad W. Burleson filed a complaint on Oct. 5 in the Houston Division of the Southern District of Texas.

Burleson alleges that Polivka International Co. Inc. and Kansas City Southern Railway Co. were in violation of the Federal Railroad Safety Act.

The complaint relates to a work-related injury Burleson sustained on Feb. 18, 2014. He was working for Polivka as a contractor at a Kansas City Southern Railway Co. job site. His injury required medical attention and leave of absence, the lawsuit states. Just over a week later on Feb. 26, 2014, he was terminated from his employment.

Cooper Hurley’s book about injuries on the railroad

The former railroad worker is suing Polivka International Co. Inc. and Kansas City Southern Railway Co. over the termination.

He is represented by attorneys Lawrence P. Wilson and W. Mark Lanier.

Terminated After a Railroad Injury – You Are Not Alone

As an experienced railroad accident lawyer, I hear of many cases in which workers who report injuries are victimized and even terminated after a railroad injury.

This incident was even more alarming because the train in question was carrying propane, butane and carbon monoxide, hazardous materials that could cause serious injuries or deaths to workers and residents if a train derailed.

BNSF was accused by a number of workers and former workers of putting profits and speed above safety on the railroad.

If you have been injured on the railroad, you should be very careful about what you do or say to your employer. Call an experienced FELA accident attorney as soon as possible after your injury at (866) 455-6657.

A sad recent case of a worker who was killed in a rail yard in Montana, highlights some of the dangers inherent on the railroad.

Richard Schmitz of Missoula was killed in the spring in Montana Rail Link’s yard in his hometown.

The rail yard is a hazardous place

Media reports stated Missoula county officials concluded his death in a train collision was accidental.

The coroner said the cause of death was blunt-force trauma, and the circumstances of the collision remain under investigation. Schmitz died when a train collided with a smaller vehicle at the yard.

Investigations are underway from the Federal Railroad Administration and the National Transportation Safety Board.

A report by NBC Montana revealed the railroad worker had filed a lawsuit in 2011 claiming unsafe practices in his work and repetitive work using unsafe tools led to chronic pain and injuries that would impact his future.

An initial complaint from Schmitz alleged that MRL “(knew) or should have known that the job tasks, tools and equipment assigned to Plaintiff (Schmitz) would, over time, result in musculoskeletal injuries to the body as a whole, including his left foot.”

The lawsuit was withdrawn in 2014, reported NBC and most of the suits were settled out of court. MRL representatives said Schmitz voluntarily dropped his litigation, NBC reported.

The existence of a previous lawsuit before the death of this worker highlights some of the dangers that railroad workers face in rail yards.

Rail Yard Hazards

Remote control technology has been used in rail yards for many years, but there is some evidence that it merely exacerbates dangers.

This technology means only one person is routinely in control of a train. It’s now the norm in most of America’s rail yards but doubts linger about whether it’s made yards any safer.

The Brotherhood of Locomotive Engineers, a railroaders union, has opposed the use of remote control in yards on the grounds that the technology was unsafe and untested.

In the past, I have handled several Federal Employers’ Liability Act cases involving CSX railroad workers who were injured during remote control operations. When railroad workers are hurt, they are often injured in yards. The arrival of remote control seems to be more about railroads cutting their costs rather than seeking to improve the safety of yard workers.

If you have been injured in a rail yard or have lost a loved one please call me at (866) 455-6657.

Remote control technology has been used in rail yards for many years but I remain to be convinced that it provides optimum safety for workers.

This technology means only one person is often in control of a train. It’s now the norm in most rail yards but there’s some skepticism about whether it’s made yards any safer.

Rail yards are hazardous places

Take the death of Melinda Carter, a 37-year-old conductor who was killed at CSX’s larger Riverdale yard in Chicago in 2010. She was killed when she was run over by a locomotive she was conducting.

Then there’s 33-year-old Jared Boehlke, who lost his life in 2009 when he stepped between two train cars in the CSX Selkirk yard in New York.

I noted that CSX recently updated its rules about remote operation. The amendment that was enacted in 2015 reads:

CSX Updates Remote Control Guidance

THE EMPLOYEE DIRECTING THE MOVEMENT AND/OR THE PRIMARY REMOTE CONTROL OPERATOR OF REMOTE CONTROL MOVEMENTS MUST:

REMAIN AT THE DESIGNATED PLACE OF SAFETY UNTIL THE MOVEMENT IS STOPPED EXCEPT IN CASES OF EMERGENCY, AND

MAINTAIN VISUAL CONTACT WITH A PORTION OF THE EQUIPMENT WHILE MOVEMENT IS OCCURRING.

The amended wording certainly appears to be a response to a concern about the hazards of using the remote system, even though it’s been used for more than a decade.

Back in 2001, the Federal Railroad Administration (FRA) gave the go ahead for major U.S. railroads to employ remote control operators (RCOs). The operators are belt pack devices that move unmanned engines.

Rail unions were skeptical from the start and remain alarmed. The Brotherhood of Locomotive Engineers opposed the use of RCOs on the grounds that the technology was unsafe and untested.

In the past, I have handled several FELA cases involving CSX railroad workers who were hurt during remote control operations. When railroad workers are injured, they are often hurt in rail yards. The arrival of RCOs seems to be more about railroads cutting costs rather than seeking to improve safety at yards.

If you or a loved one has been hurt in a rail yard, it’s important to know your FELA rights before your employer tries to take advantage of you. Call me for a free and confidential consultation today at (866) 455-6657.

There has been plenty of speculation about an apparent breakdown in communication that led to the death of two railroad workers in an Amtrak derailment near Chester in Pennsylvania on April 3. Now a wrongful death lawsuit has been filed against Amtrak in Delaware by the family of one of the workers who lost his life.

The claim which has been brought by the family of Joe Neal Carter Kr., was reported in Delawareonline..

The suit was filed by Philadelphia attorneys Tom Kline and Robert J. Mongeluzzi, who represent the family of Joe Neal Carter Jr.

Carter was a veteran of the railroad and a longtime Amtrak employee. He was killed just north of the Delaware line while operating a backhoe.

The claim said Carter believed the track was protected at the time he was hit by the train. It cites poor communication and a failure to adhere to appropriate practices and procedures.

The worker was operating the backhoe when he was struck by the southbound Amtrak train at 106 mph. He lost his life along with fellow worker Peter Adamovich.

The lawsuit questions Amtrak’s safety precautions. It says the railroad failed to adhere to its own safety rules and did not comply with safe industry standards.

The family is suing Amtrak under the Federal Employers’ Liability Act (FELA) in a claim that includes medical and funeral expenses as well money to support Carter’s two children.

The Federal Railroad Administration conducted a wide-ranging investigation in the light of the crash that has examined relevant safety precautions for workers. Recently, I outlined how the FRA has announced a raft of safety measures to protect workers from trains.

The investigation into Chester accident has looked at whether the work crew received the correct safety briefing before beginning its shift, a requirement of federal safety rules. Some insiders have alluded to a failure to implement basic safety procedures before the wreck.

Reports suggested a shunt strap was not in use at the time of the accident, in violation of Amtrak’s rules. A full report is not expected until the end of this year.

If you have lost a loved one in a railroad accident or if you have been injured while working on the railroads, I would like to hear from you. Call us for a free consultation at (866) 455-6657.

New safety measures were ordered last month by FRA federal railroad officials as well as expanded drug testing for work crews, in the wake of a series of accidents including one that killed two track workers nearly eight weeks ago.

The measures were imposed by the Federal Railroad Administration They included additional protective measures for work crews who are operating on or near active railroad tracks. There will be safeguards on the use of equipment on or near the tracks that can serve as a second line of defense to prevent collisions between workers and trains.

FRA Increases Alcohol and Drug Testing

The FRA has widened a drug- and alcohol-testing program that was already in place for engineers and dispatchers—to include track maintenance workers. Two workers lost their lives on April 3 in Chester, Pennsylvania when a train killed a worker and a supervisor when it hit a backhoe that was on the tracks.

The new rules incorporate some updates that were outlined by Congress in the Rail Safety Improvement Act of 2008, the Wall Street Journal reported.

Amtrak has been involved in a spate of high-profile accidents in recent years that have led to a loss of life, raising questions about railroad safety.

The investigation in the wake of the Chester accident has looked at whether the work crew received a proper safety briefing before beginning its shift, a requirement of federal safety rules. It has raised questions about the level of communication between the work supervisor and a rail dispatcher shortly before the train was cleared to proceed through the work zone. Recently, I noted how safety systems may have been disabled before the fatal Amtrak crash in Chester.

Some people close to the investigation have alluded to a failure to implement basic safety procedures, leading to a loss of life.

They said a shunt strap was not in use at the time of the accident. Amtrak’s rules require the use of shunt straps in numerous situations, a railroad spokeswoman told the media after the Chester accident. The railroad has yet to comment on whether the work crew in that incident had used a shunt strap.

Something clearly went badly wrong in Pennsylvania. As an experienced FELA accident injury lawyer, I am very concerned about these apparent safety lapses that appear to go to the heart of Amtrak’s systems. I welcome the improvements but believe more information needs to be disclosed about exactly what went wrong. If you have lost a loved one or if you have been injured while working on the railroad, you may have grounds to sue a railroad operator. Please contact us on the chat box on this site or call the number above.

The sight of Amtrak cars lying on their side after a derailment has become an increasingly common one in recent years. I was alarmed to read about how it happened again in Kansas in a crash that injured 32 people.

This crash on Monday morning raises many questions. Latest news reports suggest officials believe an unreported vehicle crash may have damaged the tracks before an Amtrak train derailed in Kansas.

We have seen a number of serious passenger train accidents over the last two years. In May 2015, an Amtrak train derailed in Philadelphia, killing eight and injuring many more. The train was speeding into a curve.

In Kansas, an engineer noticed a significant bend in a rail ahead and put on the emergency brakes shortly before the passenger train derailed, the Associated Press reported. The Amtrak train appeared to have been traveling at about 75 miles when the engineer pulled the emergency break.

Information that a vehicle accident may have occurred before the wreck that damage the tracks came from the Gray County sheriff’s department. The authorities looked at tire tracks leading to the train tracks and preserved the scene with crime scene tape.

Amtrak said 32 people who were involved in the derailment were taken to local hospitals for treatment. All but three had been released by late morning.

The first lawsuit was filed by an employee of the railroad service, according to NBC Philadelphia. Bruce Phillips was working as an Amtrak dispatcher and was traveling in the last of the train’s seven cars when it left the tracks. The dispatcher filed a lawsuit as an employee under the Federal Employers’ Liability Act (FELA), which allows railroaders injured on the job to seek compensation.

If you or a loved one has been hurt in a train crash, call us at (866) 455-6657 for a free consultation.

Model jury instructions are important in trials because they give the jury legal guidelines on the case they are deciding. In FELA cases juries hear lots of detailed and complicated evidence relating … Read More

Railyards are notoriously dangerous places. Every year, workers get injured or killed at these busy locations where trains change lines or are loaded. The railroad is often held liable for injuries to … Read More